Goosby, Kraig Anthony v. State

• Court: Court of Appeals of Texas
• Decided: April 17, 2003
• Docket: 14-02-00831-CR
• Status: Published

Opinion

Abated and Opinion filed April 17, 2003

Abated and Opinion filed April 17, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00831-CR

KRAIG ANTHONY GOOSBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 901,041

M E M O R A N D U M   O P I N I O N

On April 8, 2003, this court was formally notified of appellant=s death and furnished a copy of appellant=s death certificate.  The death of an appellant during the pendency of an appeal deprives this court of jurisdiction.  See Ryan v. State, 891 S.W.2d 275 (Tex. Crim. App. 1994).  When an appellant dies after an appeal is perfected but before this court issues the mandate, the appeal is to be permanently abated.  See Tex. R. App. P. 7.1(a)(2).

Accordingly, we order the appeal permanently abated.

PER CURIAM

Opinion filed April 17, 2003.

Panel consists of Justices Yates, Hudson, and Frost.

Do not publish B Tex. R. App. P. 47.2(b).